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2025 DIGILAW 734 (RAJ)

Ram Sharma, S/o Shri Shivprasad Lata (Sharma) v. Abhinandan Sharma, S/o Late Shri Shri Ramkumar Sharma

2025-03-11

NARENDRA SINGH DHADDHA

body2025
Order : NARENDRA SINGH DHADDHA, J. This Civil Writ Petition has been filed by the petitioner-plaintiff (for short 'the plaintiff') against the order dated 04.08.2023 passed by Civil Judge and Metropolitan Magistrate (East), Jaipur Metropolitan-I in Suit No.468/2015(43/2014), whereby the application filed by the plaintiff under Section 79 and 63 of the Indian Evidence Act has been dismissed. 2. Learned counsel for the plaintiff submits that plaintiff filed a suit for declaration, mandatory and permanent injunction against the respondents-defendants (for short 'the defendants') in which plaintiff filed an application under Section 79 and 63 of the Indian Evidence Act for exhibiting the certified copies of the documents, but trial court vide order dated 04.08.2023 dismissed the said application filed by the plaintiff. 3. Learned counsel for the plaintiff further submits that certified copies of the documents in question were necessarily required to be taken on record for adjudication of the suit. So, the order dated 04.08.2023 passed by the trial Court be set aside and the trial Court be directed to take these documents on record and permit him to mark exhibit on the said documents. 4. Learned counsel for the defendants has opposed the arguments advanced by the learned counsel for the plaintiff and submits that trial Court rightly dismissed the application filed by the plaintiff. Therefore, the petition filed by the plaintiff be dismissed. 5. I have considered the arguments advanced by learned counsel for the plaintiff as well as learned counsel for the defendants and perused the impugned order. 6. Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that the plaintiff filed an application for taking on record certified copies of the documents which are necessary for just decision of the suit, I deem it fit to allow the petition filed by the plaintiff. 7. Accordingly, the petition filed by the plaintiff is allowed. The order dated 04.08.2023 passed by the trial Court is set aside. The trial Court is directed to take the certified copies of the documents on record and permit the plaintiff to mark exhibit on these documents. 8. However, the defendants shall be at liberty to file the documents, if any, in rebuttal thereof. 9. Pending application(s), if any, stands disposed of.